Winding-Up Petition

Rule 7.5

COMP 1

For Court use / Case No:
Delete/ complete as necessary:
(a) High Court, London
(b) High Court B&PCs DR
(c) Non-B&PCs DR
(d) County Court / [a]
[b]
[c]
[d] / [IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INSOLVENCY AND COMPANIES LIST (ChD)]
[IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN [location]
INSOLVENCY AND COMPANIES LIST (ChD)]
[IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
[location] DISTRICT REGISTRY]
[IN THE COUNTY COURT AT [location]]
Insert name of company subject to the petition / IN THE MATTER OF […]
AND IN THE MATTER OF THE INSOLVENCY ACT 1986
(a) Insert title of court or hearing centre as applicable / THE COURT:
(a) To
(b) Insert full name(s) and address(es) of petitioner(s) / THE PETITIONER:
(b) The petition of
shows as follows:
(c) Insert full name and registered no. (if any)and/or other required identification details of company subject to the petition (see also rule 1.6 of the Insolvency (England and Wales) Rules 2016 (IR 2016)) / THE COMPANY:
(c) This petition relates to
(hereinafter called “the Company”).
The registered number of the Company is
[or other identification details]
(d) Insert address of registered office or other address as required (see also rule 1.6 of the IR 2016) / (d) The registered office of the company is at
[or other required address if no registered office]
(e) Insert date of incorporation and the enactment (as applicable); delete where necessary / (e) The Company was incorporated on
under the Companies Act [2006] [or as may be]
(f) Enter the total number of shares and the manner in which they are divided up.
See also para 11.2(5) of the Practice Direction on Insolvency Proceedings (PDIP).
Modify if Company limited by guarantee. / (f) The total number of issued shares of the Company is
Which are divided up as follows:
(g) Enter the aggregate value of the shares (see the PDIP above) / (g) The aggregate nominal value of those shares is £
(h) Enter amount of capital paid up or credited as such (see PDIP above) / (h) The amount of the capital paid up or credited as paid up is £
(i) Insert the nature of the Company’s business (if known); see also para 11.2(6) of the PDIP / (i) The principal nature of the Company’s business is as follows:
(j) Set out the grounds on which a winding-up order is sought / THE GROUNDS & JURISDICTION:
(j) The grounds on which the winding-up order is sought are:
(k) Where the ground is section 122(1)(a) of the Insolvency Act 1986 (IA 1986)
(Delete if not applicable) / [(k) The Company has be special resolution dated [date]
resolved that the company be wound up by the court.]
(l) Where the ground is sections 122(1)(f) or 221(5)(b) of the IA 1986
(Delete if not applicable)
If more than 4 months have elapsed, this must be explained / [(l) A statutory demand was served on the company on [date]
and the Company is insolvent and unable to pay its debts.]
[More than 4 months have elapsed between the service of the statutory demand and the presentation of this petition; the reasons for such delay are set out in the witness statement of [name]
filed in support hereof.]
(m) Delete as applicable / (m) The Company is/is not an undertaking within Article 1.2 of the EU Regulation on Insolvency Proceedings.
(n) Insert name of witness
Delete as applicable. / (n) For the reasons stated in the witness statement of [name]filed in support hereof, it is considered that:
-the EU Regulation on Insolvency Proceedings will/will not apply and
-these proceedings will be main/secondary or territorial proceedings as defined in the EU Regulation on Insolvency Proceedings.
(o) See rule 7.5(1)(o) of the IR 2016 / (o) In the circumstances it is just and equitable that the company should be wound up.
(p) Delete as applicable / THE ORDER SOUGHT:
(p) The petitioner(s) therefore applies/apply for an order that:-
(1) the Company,
may be wound up by the court under the Insolvency Act 1986; or
(2) such other order may be made as the court thinks just.
(q) If the company is the petitioner, delete “the company”. Add the full name and address of any other person on whom it is intended to serve this petition / ADDRESSES:
(q) It is intended to serve this petition on:
(1) the Company
(2) […]
(r) Delete as applicable
This is the address that the court will use for all communications to the Petitioneruntil notified otherwise in writing / (r) The full contact details of the petitioner’s solicitor is/The petitioner’s addresses for service is:
[…]
Tel. […]
email […]
reference […]
Insert name and address of the court (and if necessary the district registry) in which the petition is issued / The Court’s address is:
[RollsBuilding, 7 RollsBuildings, Fetter Lane, London, EC4A 1NL]
[or…]
Delete as applicable and insert the relevant details as necessary.
Where signing on behalf of a body see also rule 1.5(3) of the IR 2016.
(The petition may be authenticated in a separate witness statement: see rule 7.6 of the IR 2016) / STATEMENT OF TRUTH
I, the Petitioner, believe/The Petitioner believes that the facts stated in this petition are true.
Signed: ………………………………………………..
Dated:
[I, the above-singed, not being a petitioner herein, state as follows:
My name is [name]
My postal address is [address]
The capacity in which and authority by which I have authenticated the statement are
The means of my knowledge of the matters so verified are ]
For court use
(Where the petitionis issued by e-filing, the endorsement will normally be on the front of the petition, beneath the seal) / Endorsement by the Court
This petition was issued by the court on
and will be heard at:
Place ………
Date ………
Time ………
(or as soon thereafter as the petition can be heard)